Privacy Policy
LabStrong Corporation is committed to protecting the privacy of our web site visitors. We will NOT sell or rent your personal information to others, though we may forward your requests for product information to our lab distributor partners in order to provide the most timely, convenient response to your information request. LabStrong Corporation may transfer aggregated, anonymous information to our technical agents for purposes such as analyzing website traffic. We do this to determine if our website is meeting your needs and to identify ways that we may enhance your online experience. Strict confidentiality is always maintained. The only time we would release personal information outside the provisions of our privacy policy is if we conclude, in good faith, that it is necessary to comply with legal requirements, enforce our rights, or to protect LabStrong Corporation, you, or our other customers.
Terms & Conditions of Sale from LabStrong Corporation
Effective Date: October 20, 2011
Thank you for your interest in making a purchase on LabStrong.com (our “Site”). These Terms & Conditions of Sale along with Terms & Conditions of sale of LabStrong Corporation, Inc. “Terms of Sale” govern your purchases on our Site. This Site is owned and operated by LabStrong Corporation, Inc. (“LabStrong,” “we,” “seller”, “us,” and “our.”). The terms “customer,” “you” and “your,” when used in these Terms of Sale, mean any user of this Site.
GENERAL
We do not sell products to persons under the age of 18. If you are under the age of 18, you may only purchase products on our Site with authority given by either a parent or guardian.
You acknowledge that any use of the Site is subject to our Terms of Sale and all applicable laws. In addition, any personal information you provide to us will be subject to our Privacy Policy. Before using our Site, please read through all of these documents carefully.
YOUR ORDER
Every order that you place on our Site will be subject to acceptance in accordance with these Terms of Sale. The final details of your order will be listed at the end of the checkout process. Following completion of the checkout process, we will send you an email confirming receipt of your order and an order number. This email is not an order acceptance from us, and your order will not be completed and accepted until it has been shipped. Please inform us immediately if there are any errors in your order. We will not be responsible for errors in your order. Completion of the contract will also not take place where we have notified you that we cannot accept your order.
We reserve the right to cancel any order and/or prevent access to the Site at any time, with or without cause.
PAYMENT
We will take payment from your credit card when we ship your order. If we are unable to supply the product that you have ordered, we will contact you by e-mail or phone, and your credit card will not be charged if the order has not shipped.
MISPRINTS, PRICING
We are very careful at LabStrong, but sometimes errors occur. All errors are subject to our correction. We reserve the right to change prices and specifications without notice. The price that you pay for any product on our Site will be the price that is displayed on the Site at the final page in the checkout process. Note that the price for an item may change from when you first placed it in the shopping cart. Placing an item in your shopping cart does not reserve the price shown at that time. We cannot confirm the price of a product until you have placed the order and reached the “confirmed purchase” stage.
Any discounts we offer are time limited and are dependent on product availability. Accordingly, the price of our products may change from time to time.
SHIPPING POLICIES AND DELIVERY
Shipping and Handling. LabStrong only ships to the US and approved countries. Shipping and handling charges listed on Site apply to the contiguous US only. For shipments outside the contiguous US additional shipping charges may apply. For shipments to any foreign country, customer will be responsible for any duties, customs and brokerage fees. Any shipment, domestic or international, which is shipped via the customer’s shipping account is subject to an additional handling fee of $4.00 for boxed orders and $15.00 for palletized orders. All packages will be shipped via UPS unless customer requests special shipping procedures. Special shipping procedures are subject to an additional non-standard shipping carrier charge of $10.00 per package.
Terms & Conditions of Sale of LabStrong Corporation, Inc.
Thank you for your interest in making a purchase with LabStrong Corporation, Inc. Unless otherwise expressly agreed in writing all sales are subject to the following terms and conditions.
1. Acceptance by LabStrong Corporation, Inc. (“Seller”)
These terms and conditions constitute the sole terms and conditions applicable to this sale. No deviating or additional terms shall be binding unless expressly agreed to in writing signed by an authorized representative of seller.
2. Terms of Payment
Seller may invoice Buyer upon shipment for the price and all other charges payable by Buyer in accordance with the terms on the face of the invoice. If no payment terms are stated on the face of invoice, payment shall be net thirty (30) days from the date of invoice. If Buyer fails to pay any amounts when due, Buyer shall pay Seller interest thereon at a periodic rate of one and one-half percent (1.5%) (per month (or, if lower, the highest rate permitted by law), together with all costs and expenses (including with limitation reasonable attorneys fees and disbursements and court costs) incurred by the Seller in collecting such overdue amounts or otherwise enforcing Seller's rights hereunder. Seller reserves the right to require from Buyer full or partial payment in advance, or other security that is satisfactory to Seller, an any time that Seller believes in good faith that Buyer's financial condition does not justify the terms of payment specified. New customers are required to submit one bank reference and three trade references to seller prior to shipment. If customer fails to provide satisfactory references, seller may demand full payment in advance of shipment by seller. All payments shall be made in U.S. dollars.
3. Price
All prices published by seller or quoted by Seller's representatives may be changed at any time without notice. All prices quoted by Seller or Seller's representatives are valid for ninety (90) days, unless otherwise stated in writing. All prices of the products will be as specified by Seller or, if no price has been specified or quoted, will be Seller's price in effect at the time of shipment. All prices are subject to adjustment on account of specifications, quantities, raw materials, cost of production, shipment arrangements, or other terms of conditions, which are not part of Seller's original price quotation. A minimum order of $25.00 is required.
4. Prepaid shipping charges
At request of buyer, seller will prepay freight and insurance and add such charges to the invoice. Such prepaid charges, if made, are an accommodation to the buyer only, and do not modify the FOB Dubuque, IA delivery terms.
5. Shipping dates
Shipping dates listed on order are estimates only and seller shall not be liable for non-shipment or delay due to acts of God, strikes, accidents or any other causes beyond control of seller, whether or not similar in class or kind to those mentioned. Seller shall not be liable or responsible for incidental, special or consequential damages suffered by buyer, whether foreseen or unforeseen, due to incorrect, delayed, or undelivered shipments.
6. Inspection and claims
Claims for damage in shipment must be filed immediately with the delivering carrier. Claims for shortages, shipping errors or any claim that the goods do not conform with the terms of the contract must be submitted to the seller in writing within five (5) days of receipt. If buyer fails to give such notice, the goods shall be deemed to conform to contract terms, and buyer shall accept and pay for the goods in accordance with the contract. Buyer waives any right to revoke acceptance after such five-day period. All claims must be accompanied by a copy of the packing slip.
7. Returns
No return will be accepted by the seller for any reason without prior written authorization. Returns will be accepted only if accompanied by an equipment decontamination certificate as regards to potential contamination with hazardous materials due to customer's use of the product. In the event of a return, seller shall be entitled to handling charges of 25% or such greater amount as expended by seller in connection with such returns.
8. Cancellations
In the event of cancellation by buyer, seller shall be entitled to cancellation charges of 25% of the cancelled order or such greater amount as expended by seller in connection with such cancellations.
9. Deferred orders
Requests by buyer for changes in shipping schedule on orders in process are subject in all cases to approval and acceptance by seller in writing, and will be further subject to revisions in price and/or charges for work already in progress.
10. Typographical or printing errors
Any typographical, printing, stenographic, clerical, or other errors are subject to correction by the seller.
11. Prices
All prices are subject to change without notice. In the event the price is to be increased to a price higher than the contract price, seller will so notify buyer prior to shipment, and buyer shall have ten days to cancel order if increased price is unacceptable.
12. Warranties
Seller warrants that its products are free from defects in materials and workmanship (under normal conditions of use and service) for the period specified on the warranty card enclosed with the product from date of shipment to the original purchaser and will conform to the contract specifications or such other specifications which constitute technical improvements to the product.* The exclusive remedy of buyer in the event of a breach of the foregoing warranty is to the replacement or repair (at seller’s option) of any defective product. No goods shall be returned to seller for repair or replacement pursuant to this warranty without prior written approval. All cleaning, decontamination, and shipping costs shall be the sole responsibility of the buyer together with any damage to the goods that might occur in transit to or from seller. Under no circumstances does seller’s responsibility or warranty extend to products other than those manufactured or distributed by seller; nor does seller’s liability extend to any products, articles or parts which are furnished by buyer or obtained from other manufacturers or suppliers at buyer’s request and/or in accordance with buyer’s specifications. In the event that seller is unwilling or unable to repair or replace any defective or nonconforming product due to change in technical standards, technical modifications, non availability of material or parts, or any other reason, buyer shall be entitled to a return of the purchase price paid for such product, as its sole and exclusive remedy. Seller assumes no responsibility whatsoever for the accuracy of designs, specifications or materials furnished or specified by buyer. THE WARRANTIES SET FORTH HEREIN ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS. THE BUYER ACKNOWLEDGES THAT IT IS NOT RELYING ON THE SELLER’S SKILL OR JUDGEMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE AND THAT THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE SET FORTH HEREIN. IN NO EVENT SHALL SELLER BE LIABLE FOR BUYER’S LOSS OF PROFIT OR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND.
*All wearing and glass parts, e.g., pistons, seals, valves, etc. are excluded from this Warranty.
13. Indemnity for nuclear uses
Purchaser, customer, or lessee agrees to indemnify and hold seller harmless from any and all liability or damage arising out of the use of the equipment sold or leased hereunder in, on, or with any nuclear installation, activity, use or purpose.
14. Indemnity for products manufactured according to customer's requirements
In the event seller provides products in accordance with drawings, models or samples provided by the customer, customer shall indemnify seller from any liability, cost or expense suffered by seller as a result of the violation of any law or regulation or the infringement of any industrial property right or other right of third parties.
15. Supply of spare parts
In the event seller is obliged under the contract to supply spare parts, this obligation shall be limited to a period of five (5) years from the date of delivery. If the spare parts are not produced by the seller and are no longer available on the market on commercial terms similar to those existing on the date of delivery of the product - e.g., electronic parts - or if the material needed for their production is no longer available, seller shall have no obligation to supply such spare parts.
16. Notification of product hazards and recall of products
Customer will inform seller immediately in writing about any events, which indicate any hazards, connected with the product. Upon written notice of the seller about hazards in connection with the products or unfitness for use of the products and recall of products, the customer will immediately cease using the products and will return the products to the seller upon seller’s request. In the event seller does not repair product for any reason, the customer, as its sole remedy shall be entitled compensation equivalent to the current value of the used product, but in no event more than the purchase price. Seller shall not be liable for buyer’s loss of profit or incidental, consequential or special damages of any kind.
17. Export Restrictions
Buyer acknowledges that each Product and any related software and technology, including technical information supplied by Seller or contained in documents (collectively "Items"), is subject to export controls of the U.S. government. The export controls may include, but are not limited to , those of the Export Administration Regulations of the U.S. Department of Commerce (the "EAR"), which may restrict or require licenses for the export of items from the United States and their re-export from other countries. Buyer shall comply with the EAR and all other applicable laws, regulations, laws, treaties, and agreements relating to the export, re-export, and import of any item.
18. Taxes and Other charges
Prices for the Products exclude all sales, value added and other taxes and duties imposed with respect to the sale, delivery, or use of any Products covered hereby, all of which taxes and duties must be paid by Buyer. If Buyer claims any exemption, Buyer must provide a valid, signed certificate or letter of exemption for each respective jurisdiction.
19. INDEMNIFICATION
19.1 By Seller: Seller agrees to indemnify, defend and save Buyer, its officers, directors and employees from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorney’s fees) able attorney’s fees) (“indemnified items”) for (i) injury to or death of persons or damage to property to the extent caused by the negligence or willful misconduct of Seller, its employees, agents or representatives or contractors in connection whit he performance of services at Buyers premises under this Agreement and (ii) claims that a product infringes any valid United States patent, copyright or trade secret; provided however Seller shall have no liability under this section to the extent any such indemnified items are caused by either (i) the negligence or willful misconduct of Buyer, its employees, agents or representatives or contractors, (ii) by any third party, (iii) use of product in combination with equipment or software not supplied by Seller where the product would not itself be infringing, (iv) compliance with Buyer’s designs, specifications or instructions, (v) use of product in application or environment for which it was not designed or (vi) modifications of product by anyone other than Seller without Seller’s prior written approval. Buyer shall provide Seller prompt written notice of any third party claim covered by Seller’s indemnification obligations hereunder. Seller shall have the right to assume exclusive control of the defense of such claim or at the options of the Seller, to settle the same. Buyer agrees to cooperate reasonably with Seller in connection with the performance by Seller of its obligations in this section.
Notwithstanding the above, Seller’s infringement related indemnification obligations shall be extinguished and relieved if Seller, at its discretion and at its own expense (a) produces for Buyer the right, at no additional expense to Buyer, to continue using the product, (b) replaces or modifies the product so that it becomes non-infringing, provided the modification or replacement does not adversely affect the specifications of the product; or (c) in the event (a) and (b) are not practical, refund to Buyer the amortized amounts paid by Buyer with respect thereto, based on a five (5) year amortization schedule. The foregoing indemnification provision states seller’s entire liability to Buyer for the claims described herein.
19.2 By Buyer. Buyer shall indemnify, defend with competent and experienced counsel and hold harmless Seller its parent, subsidiaries, affiliates and divisions and their respective officers, directors, shareholders and employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorney’s fees and disbursements and court cost) to the extent arising from or in connection with (i) the negligence or willful misconduct of Buyer, its agents, employees, representatives or contractors, (ii) use of product in combination with equipment or software not supplied by Seller where the product itself would not be infringing, (iii) Seller’s compliance with designs, specifications, or instructions supplied to Seller by Buyer, (iv) use of a product in an application or environment for which it was not designed; or (v) modification of a product by anyone other than Seller without Seller’s prior written approval.
20. Miscellaneous
(a) Buyer may not delegate any duties nor assign any rights or claims hereunder without Seller’s prior written consent, and any such attempted delegation or assignment shall be void. (b) The rights and obligations of the parties hereunder shall be governed by and constructed in accordance with the laws of the State of seller’s manufacturing location, without reference to its choice of law provisions. Each party hereby irrevocably consents to the exclusive jurisdiction of the state and federal courts location in the county and state of Seller’s manufacturing location, in any action arising out of or relating to this agreement and waves any other venues to which it may be entitled by domicile or otherwise. (c) In the event of any legal proceeding between Seller and Buyer relating to this agreement, neither party may claim the right to a trail by jury, and both parties waive any right they may have under applicable law or otherwise to a right to a trail by jury. Any action arising under this agreement must be brought within one (1) year from the date that the cause of action arose. (d) The application to this agreement of the U.N. Convention on Contracts for the International Sale of Goods is hereby expressly excluded. (e) In the event that any one or more provisions contained herein shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall remain in full force and effect, unless the revision materially changes the bargain. (f) Seller’s failure to enforce, or Sellers’s waiver of a breach of, any provision contained herein shall not constitute a waiver of any other breach or of such provision. (g) Unless otherwise expressly stated on the product or in the documentation accompanying the product, the product is intended for research only and is not to be used for any other purpose, including without limitation, unauthorized commercial uses, in vitro diagnostic uses, ex vivo or in vivo therapeutic uses, or any consumption by humans or animals. (h) Buyer agrees that all pricing, discounts and technical information that Seller provides to Buyer are the confidential and proprietary information of Seller. Buyer agrees to (1) keep such information confidential and not disclose such information to any third party, and (2) use such information solely for Buyer’s internal purposes and in connection with the products supplied hereunder. Nothing herein shall restrict the use of information available to the general public. Any notice or communication required or permitted hereunder shall be in writing and shall be deemed received when personally delivered or three (3) business days after being sent by certified mail, postage prepaid to a third party at the address specified herein or at such other address as either party may from time to time designate to the other.
Product appearance, catalog numbers, prices, specifications, and technical information are subject to change without notice.
